- 15 - distributed to Mr. Bruecher from Bruecher Foundation. Respondent’s determination that Mr. Bruecher received constructive dividends is sustained. 2. Section 6651(a)(1)--Failure To File Respondent determined that Bruecher Foundation is liable for an addition to tax under section 6651(a)(1) in the amount of $948 for taxable year ended March 31, 2000. Section 6651(a)(1) imposes an addition to tax for the failure to file timely a required return unless the failure is due to reasonable cause and not due to willful neglect. “Reasonable cause as applied in section 6651 has been defined as the ‘exercise of ordinary business care and prudence.’” Estate of Duttenhofer v. Commissioner, 49 T.C. 200, 204 (1967) (quoting Southeastern Fin. Co. v. Commissioner, 153 F.2d 205 (5th Cir. 1946), affg. 4 T.C. 1069 (1945)), affd. 410 F.2d 302 (6th Cir. 1969); see also sec. 301.6651-1(c)(1), Proced. & Admin. Regs. (“If the taxpayer exercised ordinary business care and prudence and was nevertheless unable to file the return within the prescribed time, then the delay is due to a reasonable cause.”). Whether the failure to file on time was due to reasonable cause is primarily a question of fact to be decided from all the circumstances in a particular case. See Estate of Duttenhofer v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011